February 20, 2024
3rd Circuit , Delaware ,
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
February 16, 2024
A stipulated dismissal, even with prejudice, doesn’t mean that the claims were ‘actually litigated’ for the purpose of claim preclusion, the Sixth Circuit says.
February 15, 2024
Prof. Westbrook believes there is no common law alternative to chapter 15.
February 14, 2024
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
February 13, 2024
Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.
February 12, 2024
10th Circuit , Colorado ,
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
February 9, 2024
9th Circuit , Idaho ,
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
February 8, 2024
3rd Circuit , Delaware ,
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
February 7, 2024
10th Circuit , Colorado ,
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.